WP(C) Nos. 24184 of 2023 & 8247 of 2024

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` THURSDAY, THE 4[TH] DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 ``` # **`WP(C) NO. 24184 OF 2023`** ## **`PETITIONER:`** ``` M/S.CEEYEN STONE CRUSHER, AGED 66 YEARS MUNDATHADAM, PARAPPA P.O, KASARAGOD REPRESENTED BY ITS MANAGING PARTNER, SRI. C. NARAYANAN, PIN - 671533 BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH ``` ## **`RESPONDENTS:`** - **`1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 STATE EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN 4 TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM, PIN - 695001`** - **`3 A.K.JOSEPH, S/O. KURIAKOSEM ARACKAL HOUSE, MUNDATHADAM, PARAPPA P.O., KASARAGOD, PIN - 671533`** - **`4 JIMMY ALEX, S/O. ALEX, MANJAKUNNEL, PARAPPA P.O., KASARAGOD, PIN - 671533`** - **`5 VINAYAN V.K, DISTRICT ENVIRONMENTAL SAMITHI, PARAPPA P.O., KASARAGOD, PIN - 671533 BY ADVS. SAHASRANAMAN PB T.S.HARIKUMAR(K/782/1989) SANAND RAMAKRISHNAN(K/2871/1999) SC – M.P.SREEKRISHNAN`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, ALONG WITH WP(C).8247/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 2 : ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` THURSDAY, THE 4[TH] DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 ``` ``` WP(C) NO. 8247 OF 2024 ``` ## **`PETITIONER:`** ``` VINAYAN V.K AGED 66 YEARS SARANATH, MANALIL, AJANUR.P.O.KASARAGOD, PIN - 671531 BY ADVS. P.B.SAHASRANAMAN T.S.HARIKUMAR VISHAKHA J. SANAND RAMAKRISHNAN ``` ## **`RESPONDENTS:`** - **`1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY- KERALA REPRESENTED BY ITS MEMBER SECRETARY, K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM., PIN - 695001`** - **`2 THE DIRECTOR DEPARTMENT OF MINING & GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM., PIN - 695004`** - **`3 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, VIDYANAGAR, KASARAGOD., PIN - 671123`** - **`4 M/S.CEEYEN STONE CRUSHER MUNDATHADAM, PERAPPA P.O., KASARAGOD. REPRESENTED BY ITS MANAGING PARTNER., PIN - 671533`** - **`BY ADVS. PHILIP J.VETTICKATTU NEENU BERNATH(K/000575/2013) SAJU S. DOMINIC(K/308/2005) SR.GP – DEEPA NARAYANAN`** - **`SC – M.P.SREEKRISHNAN`** ## **`THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON`** ``` 04.04.2024, ALONG WITH WP(C).24184/2023, THE COURT ON THE SAME ``` ``` DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 3 : ## **VIJU ABRAHAM , J. ============================ WP(C) Nos. 24184 of 2023 & 8247 of 2024 ============================ Dated this the 4[th] day of April, 2024** ## **J U D G M E N T** Ext.P19 is challenged in WP(C) No.24184 of 2023 whereby the following directions were issued: - “1. Mining and Geology Department shall take necessary action for the violation as per KMMCR. The Department shall also inquire about any illegal mining happened in the area, if any and take appropriate action for violation of KMMC Rule 2015. 2. The Mining and Geology Department shall take necessary action to implement the mine closure plan by the Project Proponent or take action to close the mine utilising the funds available under the District Mineral development fund. 3. The SEAC shall assess the environmental damages due to non-compliance with the EC conditions and suggest suitable penal measures for environmental damages. 4. The Legal Officer SEIAA, shall intimate the decision of the Authority to the Standing counsel, SEIAA to defend the CCC on priority through email. 5. The Project Proponent will not be eligible for extension as per S.O. 1807(E) dated 12-04-2022 since he failed to comply EC conditions and inform the District Geologist and Environmental Engineer, KSPCB, Kasargod for necessary action. WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 4 : 6. The SEIAA Secretariat shall intimate the action taken by SEIAA to the petitioners of the WP(C) 15745 of 2020 (P) and WP(C) No. 12147/2020(P) through email on priority. 7. The decisions of the Authority shall be informed to the petitioners through email.” 2. The primary contention raised by the petitioner is that they were not given a show cause notice and not heard. Petitioner raised contentions relying on notification S.O. No.637 (E) dated 28.02.2014 and also on the judgments of the Apex Court in **Municipal Corporation of Gr.Mumbai v. Ankita Sinha [2021 (6) KLT 133 (SC)]** ; **Assistant Commissioner of State Tax v. Commercial Steel Ltd. [2021 (5) KLT Online 1142 (SC)]** and also the judgment of Division Bench of this Court in **Ajith Kumar v. State of Kerala [2017 (3) KLT 58]** . Petitioner submits that the Offices of IRO, Ministry of Environement, Forests and Climate Change, Bangalore has visited the project and has filed Ext.P20 report dated 01.11.2022. Even though the said report was in favour of the petitioner and the same was brought to the notice of the 1[st] respondent, the same was not referred to or considered while taking a decision as per Ext.P19. 3. The learned Counsel appearing for respondents 3 to 5 submits that remedy available to the petitioner is to approach the NGT by filing an appeal under Section 3 (16) (5) of the NGT Act, if they are aggrieved by Ext.P19 order. WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 5 : 4. I have heard the rival contentions of both sides. 5. The specific assertion made by the petitioner is that Ext.P20 report submitted by the Offices of IRO, Ministry of Environement, Forest and Climate Change, Bangalore after conducting a site inspection was very much before the 1[st] respondent while taking Ext.P19 decision, but the same has not been referred to. The said aspect is not seriously refuted by the learned Counsel appearing for the 1[st] respondent also. A perusal of Ext.P12 communication would reveal that the said report was produced before the 1[st] respondent as Enclosure No.6. The learned Counsel for the 1[st] respondent would submit that there are other reasons stated for taking Ext.P19 decision impugned in this writ petition. 6. In view of the above facts and circumstances, I am of the view that the matter requires to be reconsidered by the 1[st] respondent and a fresh decision is to be taken after taking into consideration Ext.P20 report submitted by the IRO, Ministry of Environement, Forest and Climate Change, Bangalore. Accordingly Ext.P19 is set aside with a consequential direction to the 1[st] respondent to reconsider the matter also taking into consideration Ext.P20 report and after affording an opportunity of being heard to the petitioner and respondent Nos. 3 to 5, and a fresh decision shall WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 6 : be taken within an outer limit of two months from the date of receipt of copy of this judgment. In WP(C) No.8247 of 2024, this Court has passed an interim order dated 01.03.2024, wherein a direction was issued to respondents 2 and 3 to see that the operation of the quarry run by the 4[th] respondent is stopped in view of the fact that the environmental clearance has been cancelled. Since various other reasons have also been stated for taking a decision as per Ext.P19, inspite of setting aside of Ext.P19 and directing reconsideration, the interim order granted on 01.03.2024 will remain in force till a decision is taken by the 1[st] respondent as directed above. Sd/- **VIJU ABRAHAM JUDGE** sbk/- WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 7 : ## **`APPENDIX OF WP(C) 8247/2024`** ``` PETITIONER EXHIBITS ``` ``` Exhibit.P.1TRUE COPY OF THE EC GRANTED BY THE DISTRICT IMPACT .ASSESSMENT AUTHORITY, KASARAGOD, NO.A/6439/16/DEIAA, DATED 16-03-2017 TO THE 4TH RESPONDENT Exhibit.P.2TRUE COPY OF THE JUDGMENT OF THIS HON'BLE HIGH COURT IN W.P.(C)NO. 12147/2020, DATED 09-09-2020 Exhibit.P.3TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING 128TH MEETING OF THE 1ST RESPONDENT DATED 27TH AND 28TH JUNE, 2023 Exhibit.P.4TRUE COPY OF THE JUDGMENT IN CON.CASE(C) NO. 16 OF 2023, DATED 16-08-2023 OF THIS HON'BLE HIGH COURT Exhibit.P.5TRUE COPY OF THE OFFICE MEMORANDUM, F.NO.IA3- 22/11/2023-IA.III(E-208230), DATED 28-04-2023 ISSUED BY THE MINISTRY OF ENVIRONMENT FORESTS AND CLIMATE CHANGE ``` WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 8 : ## **`APPENDIX OF WP(C) 24184/2023`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED TO THE PETITIONER DATED 16- 3-2017` - `Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 10-3-2023 IN W.P.(C)NO.6931/2023` - `Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE ISSUED BY THE COMPETENT AUTHORITY DATED 9-82017, WHICH IS VALID UPTO 8-8-2029` - `Exhibit P4 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 21-3-2023, WHICH IS VALID UPTO 15-3-2028 ISSUED BY THE POLLUTION CONTROL BOARD` - `Exhibit P5 TRUE COPY OF THE EXPLOSIVES LICENSE ISSUED BY THE COMPETENT AUTHORITY DATED 10-2-2021, WHICH IS VALID UPTO 31-3-2026` - `Exhibit P6 TRUE COPY OF THE LICENSE ISSUED BY THE LOCAL AUTHORITY VIZ. KINANUR - KARINTHALAM GRAMA PANCHAYAT DATED 1-4-2023, WHICH IS VALID UPTO 31-32024` - `Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 9- 9-2020 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.12147/2020` - `Exhibit P8 TRUE COPY OF JUDGMENT DATED 18-8-2020 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.15745/2020` - `Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OR THE 108 TH MEETING HELD ON 22 ND AND 23 RD MARCH 2021 OF THE 1 ST RESPONDENT` - `Exhibit P10 TRUE COPY OF THE LETTER DATED 10-12-2021 SUBMITTED BY THE PETITIONER TO THE 1 ST RESPONDENT` - `Exhibit TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF P11 THE 134 TH MEETING OF THE 2 ND RESPONDENT DATED 9TH TO 11TH NOVEMBER,2022` - `Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 6-12-2022 SUBMITTED BY THE PETITIONER TO THE 1 ST RESPONDENT` - `Exhibit P13 TRUE COPY OF THE MINUTES OF THE 141 ST MEETING HELD ON 11 TH TO 12 TH APRIL, 2023 OF THE 2 ND RESPONDENT` - `Exhibit P14 TRUE COPY OF THE POINT WISE COMPLIANCE REPORT SUBMITTED BY THE PETITIONER ON 22-5-2023` - `Exhibit P15 TRUE COPY OF THE COMPLIANCE REPORT DATED 10-052023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT` - `Exhibit TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF P16 THE 2 ND RESPONDENT IN ITS MEETING HELD ON 6 TH TO 8 TH JUNE, 2023, WHICH WAS UPLOADED/MADE AVAILABLE ON THE LATE NIGHT OF 27 TH DAY OF JUNE, 2023` - `Exhibit P17 TRUE COPY OF THE REPRESENTATION MAILED BY THE PETITIONER ON 28-6- 2023` - `Exhibit P18 TRUE COPY OF THE REPRESENTATION MAILED BY THE PETITIONER ON 30-6-2023` WP(C) Nos. 24184 of 2023 & 8247 of 2024 : 9 : ``` Exhibit P19TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 128 TH MEETING OF THE 1 ST RESPONDENT WHICH HELD ON 27 TH AND 29 TH JUNE, 2023, Exhibit P20TRUE COPY OF THE REPORT ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INTEGRATED REGIONAL OFFICE BANGALORE BEARING NO.12.1/DEIAA/34/KER/896 DATED 01/11/2022 Exhibit P21TRUE COPY OF THE REPORT FURNISHED BY THE GEOLOGICAL SUVEY OF INDIA DATED NIL ``` ## `RESPONDENT ANNEXURES` ``` AnnexureA true copy of the Field Inspection report of the R1(a)inspection conducted on 23.06.2022 AnnexureA true copy of the 2nd filed inspection Report R1(b) ```